84072 Federal Register / Vol. 88, No. 231 / Monday, December 4, 2023 / Rules and Regulations 

order, FAA Order JO 7400.11H, dated 

August 11, 2023, and effective 

September 15, 2023. FAA Order JO 

7400.11H is publicly available as listed 

in the ADDRESSES section of this 

document. These amendments will be 

published in the next FAA Order JO 

7400.11 update. 

FAA Order JO 7400.11H lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Rule 

This action amends 14 CFR part 71 by 

amending Class D airspace for Smith 

Reynolds Airport, Winston Salem, NC, 

by adding an extension from the 4.2- 

mile radius of the airport to 5.8 miles 

northwest of the airport. The Class E 

airspace extending upward from 700 

feet above the surface radius is 

increased to 9 miles (previously 6.6 

miles), and all extensions are removed. 

Moreover, the action removes REENO 

NDB from the airspace description as it 

has been decommissioned. This action 

also establishes Class E airspace 

designated as an extension to a Class D 

surface area from the 4.2-mile radius to 

6.5 miles southeast of the airport. In 

addition, this action removes the city 

name from the airport description 

header as per FAA Order 7400.2. It 

replaces Notice to Airmen with Notice 

to Air Missions and Airport/Facility 

Directory with Chart Supplement in the 

Class D airspace description. Controlled 

airspace is necessary for the safety and 

management of instrument flight rules 

(IFR) operations in the area. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. 

This airspace action is not expected to 

cause any potentially significant 

environmental impacts, and no 

extraordinary circumstances warrant the 

preparation of an environmental 

assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO NC D Winston Salem, NC [Amended] 

Smith Reynolds Airport, NC 

(Lat 36°08′01′′ N, long 80°13′19′′ W) 

That airspace extending upward from the 

surface to and including 3,500 feet MSL 

within a 4.2-mile radius of the Smith 

Reynolds Airport and 1 mile on each side of 

the 325° bearing of the airport, extending 

from the 4.2-mile radius to 5.8 miles 

northwest of the airport. This Class D 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Air Missions. The effective date 

and time will thereafter be continuously 

published in the Chart Supplement. 

* * * * * 

Paragraph 6004 Class E Airspace 

Designated as an Extension to Class D or E 

Surface Area. 

* * * * * 

ASO NC E4 Winston Salem, NC 

[Established] 

Smith Reynolds Airport, NC 

(Lat 36°08′01′′ N, long 80°13′19′′ W) 

That airspace extending upward from the 

surface within 1 mile on each side of the 145° 

bearing from Smith Reynolds Airport, 

extending from the 4.2-mile radius of the 

airport to 6.5 miles southeast of the airport. 

This Class E airspace area is effective during 

the specific dates and times established in 

advance by a Notice to Air Missions. The 

effective date and time will thereafter be 

continuously published in the Chart 

Supplement. 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO NC E5 Winston Salem, NC [Amended] 

Smith Reynolds Airport, NC 

(Lat 36°08′01′′ N, long 80°13′19′′ W) 

That airspace extending upward from 700 

feet above the surface within a 9-mile radius 

of Smith Reynolds Airport. 

* * * * * 

Issued in College Park, Georgia, on 

November 29, 2023. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2023–26557 Filed 12–1–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice: 12276] 

Temporary Modification of Category 

VIII of the U.S. Munitions List 

ACTION: Final rule; notification of 

temporary modification. 

SUMMARY: The Department of State (the 

Department), pursuant to its regulations 

and in the interest of the security of the 

United States, temporarily modifies the 

United States Munitions List (USML) 

Category VIII. 

DATES: This temporary modification is 

effective December 4, 2023 and will 

expire on December 1, 2024 or when 

terminated by the Department, 

whichever occurs first. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Rasmussen, Office of Defense 

Trade Controls Policy, Department of 

State, telephone (202) 663–2217; email 

DDTCCustomerService@state.gov 

SUBJECT: Temporary Modification— 

Note to paragraph (h)(1) of USML 

Category VIII. 

SUPPLEMENTARY INFORMATION: On April 

16, 2013, the Department published a 

final rule revising Category VIII of the 

USML (78 FR 22740). That final rule 

added USML Category VIII(h)(1) to 

describe parts, components, accessories, 

attachments, and equipment specially 

designed for certain advanced U.S.- 

origin aircraft. Paragraph (h)(1) was the 


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Federal Register / Vol. 88, No. 231 / Monday, December 4, 2023 / Rules and Regulations 84073 

exception to the revised Category VIII’s 

positive list of specific types of parts, 

components, accessories, and 

attachments that continue to warrant 

control on the USML. Other parts, 

components, accessories, and 

attachments specially designed for a 

military aircraft and related articles 

became subject to the new ‘‘600 series’’ 

controls in Category 9 of the Commerce 

Control List (CCL). 

On October 3, 2013, the Department 

published a rule (78 FR 61750) that 

added a Note to USML Category 

VIII(h)(1) to clarify that parts, 

components, accessories, and 

attachments that are common to aircraft 

enumerated in paragraph (a) but not 

identified in paragraph (h)(1), and those 

identified in paragraph (h)(1), are not 

specially designed. 

On November 21, 2016, the 

Department published another final rule 

revising Category VIII (81 FR 83126), 

which updated the list of aircraft in 

paragraph (h)(1) and revised the Note to 

paragraph (h)(1) to incorporate technical 

corrections and enhance its clarity. The 

rule also removed equipment from 

paragraph (h)(1) and created paragraph 

(h)(29) to describe certain equipment 

specially designed for articles described 

in paragraph (h)(1). Paragraph (h)(1) 

currently describes parts, components, 

accessories, and attachments specially 

designed for the following U.S.-origin 

aircraft: B–1B, B–2, B–21, F–15SE, F/A– 

18 E/F, EA–18G, F–22, F–35, and future 

variants thereof; or the F–117 or U.S. 

Government technology demonstrators. 

Paragraph (h)(1) further states that parts, 

components, accessories, and 

attachments of the F–15SE and F/A–18 

E/F that are common to earlier models 

of these aircraft, unless listed elsewhere 

in paragraph (h) of Category VIII, are 

subject to the EAR. 

The Note to paragraph (h)(1) states 

that paragraph (h)(1) does not control 

parts, components, accessories, and 

attachments that are common to aircraft 

described in paragraph (a) of Category 

VIII but not identified in paragraph 

(h)(1), and those identified in paragraph 

(h)(1). For example, when applying 

§ 120.41(b)(3), a part common to only 

the F–16 and F–35 is not specially 

designed for purposes of paragraph 

(h)(1). A part common to only the F–22 

and F–35—two aircraft models 

identified in paragraph (h)(1)—is 

specially designed for purposes of 

paragraph (h)(1), unless one of the other 

paragraphs under ITAR § 120.41(b) is 

applicable. 

Section 126.2 of the ITAR provides 

that the Deputy Assistant Secretary for 

Defense Trade Controls may order the 

temporary suspension or modification 

of any or all provisions of the ITAR 

when in the interest of the security and 

foreign policy of the United States. This 

authority may also be exercised by the 

Assistant Secretary for Political-Military 

Affairs according to ITAR § 120.1(b). 

The Department assesses that it is in 

the security and foreign policy interests 

of the United States to allow 

manufacturers to apply for export 

authorizations to participate in 

development of the KF–21 aircraft by 

reusing certain defense articles 

described in paragraph (h)(1) without 

removing those defense articles from the 

USML simply because they are re-used 

in the KF–21. 

Accordingly, pursuant to ITAR 

§ 126.2, the Assistant Secretary of State 

for Political-Military Affairs hereby 

temporarily modifies the Note to 

paragraph (h)(1) of USML Category VIII 

such that parts, components, 

accessories, and attachments specially 

designed for aircraft identified in 

paragraph (h)(1) are not released from 

that paragraph due to their reuse in the 

KF–21 aircraft or variants thereof. 

The Department assessed that this 

temporary modification does not change 

the export jurisdiction or classification 

of any existing commodities, as it only 

prevents the possibility of future release 

from paragraph (h)(1) due to use in the 

KF–21, which has not yet entered into 

production. Therefore, when the KF–21 

enters production, any paragraph (h)(1) 

commodities authorized for export for 

this purpose will retain their current 

export classification described in 

paragraph (h)(1). 

This temporary modification will be 

effective until December 1, 2024, or 

when terminated by the Department, 

whichever occurs first. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

This rulemaking is exempt from 

section 553 of the Administrative 

Procedure Act (APA) pursuant to 

section 553(a)(1) as a military or foreign 

affairs function of the United States. 

Regulatory Flexibility Act 

Since this rule is exempt from the 

notice-and-comment rulemaking 

provisions of 5 U.S.C. 553, it does not 

require analysis under the Regulatory 

Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This rulemaking does not involve a 

mandate that will result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Congressional Review Act 

The Department assesses that this rule 

is not a major rule under the criteria of 

5 U.S.C. 804. 

Executive Orders 12372 and 13132 

This rulemaking does not have 

sufficient federalism implications to 

require consultations or warrant the 

preparation of a federalism summary 

impact statement. The regulations 

implementing Executive Order 12372 

regarding intergovernmental 

consultation on Federal programs and 

activities do not apply to this 

rulemaking. 

Executive Orders 12866, 13563, and 

14094 

Executive Orders 12866 (as amended 

by Executive Order 14094) and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributed impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has not been 

deemed a ‘‘significant regulatory action’’ 

under Executive Order 12866. 

Accordingly, the rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

Executive Order 12988 

The Department of State has reviewed 

this rulemaking in light of sections 3(a) 

and 3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Executive Order 13175 

The Department of State has 

determined that this rulemaking will 

not have tribal implications, will not 

impose substantial direct compliance 

costs on Indian tribal governments, and 

will not preempt tribal law. 

Accordingly, the requirements of 

Executive Order 13175 do not apply to 

this rulemaking. 

Paperwork Reduction Act 

This rulemaking does not impose or 

revise any information collections 

subject to 44 U.S.C. Chapter 35. 


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84074 Federal Register / Vol. 88, No. 231 / Monday, December 4, 2023 / Rules and Regulations 

List of Subjects in 22 CFR Part 121 

Arms and munitions, Classified 

information, Exports. 

For the reasons stated in the 

preamble, the Department of State 

amends Title 22, Chapter I, Subchapter 

M, part 121 as follows: 

PART 121—THE UNITED STATES 

MUNITIONS LIST 

■ 1. The authority citation for part 121 

continues to read as follows: 

Authority: 22 U.S.C. 2752, 2778, 2797; 22 

U.S.C. 2651a; Sec. 1514, Pub. L. 105–261, 112 

Stat. 2175; E.O. 13637, 78 FR 16129, 3 CFR, 

2013 Comp., p. 223. 

■ 2. Amend § 121.1 under Category VIII 

by revising the Note to paragraph (h)(1) 

to read as follows: 

§ 121.1 The United States Munitions List. 

* * * * * 

Category VIII—Aircraft and Related 

Articles 

* * * * * 

Note to paragraph (h)(1): This paragraph 

does not control parts, components, 

accessories, and attachments that are 

common to aircraft, other than the KF–21 and 

variants thereof, described in paragraph (a) of 

this category but not identified in paragraph 

(h)(1), and those identified in paragraph 

(h)(1). For example, when applying 

§ 120.41(b)(3), a part common to only the F– 

16 and F–35 is not specially designed for 

purposes of this paragraph. A part common 

to only the F–22 and F–35—two aircraft 

models identified in paragraph (h)(1)—is 

specially designed for purposes of this 

paragraph, unless one of the other paragraphs 

is applicable under § 120.41(b) of this 

subchapter. Commodities otherwise 

described in this paragraph that are utilized 

in the KF–21 are not released from this 

paragraph due to use in the KF–21. 

* * * * * 

Jessica Lewis, 

Assistant Secretary, Bureau of PoliticalMilitary Affairs, U.S. Department of State. 

[FR Doc. 2023–26673 Filed 11–30–23; 4:15 pm] 

BILLING CODE 4710–25–P 


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